tv [untitled] July 25, 2011 3:00pm-3:30pm PDT
clear on all the concepts of the legislation and they are. if i have to come outside of committee, more than happy to delay it by one week. i with a recommendation today. i would like to thank planning and small business and the fleet of proponents for this law and people who have really helped try to refine it as much as possible. i have nothing further to add except i know there might be some public comment. supervisor wiener: thank you, and i want to thank supervisors mirkarimi for taking leadership on this. it is extremely important in the department as well. for those of us who care deeply about making our neighborhoods and nightlife and a life as well as vibrant as possible, this is
an important step that sends a loud message that we are committed to allowing music and entertainment in our neighborhoods and not requiring that mom or pop cafe or small restaurant will have to go through the conditional use process and place of entertainment process. the other processes that are so daunting to anyone who does not have deep pockets and maybe a year or two to spend waiting. this is very important. i just want to note two things -- one is i -- if i could wave my magic wand and just control everything, which i know i cannot -- supervisor mirkarimi: but you are trying. [laughter] supervisor wiener: i try really hard. i have a 50/50 success rate. i would love to see the western soma included. i did not like the idea of exempting neighborhoods and
including all these opt outs. if we have a good city-wide policy, it should be city-wide, unless there is an extraordinarily good reason for a sending an area, which i not believe has been shown here. from what i can tell so far, i am on the losing end. if that happens between now and tuesday, then that is awesome, and i'm going to be totally supportive of that, but i'm going to support the legislation whether or not that change is made. we also talked last week about adding digital and analog into this, and i am very supportive of doing that. i also want to be mindful of getting this passed and not having unnecessary delays. again, whether we do that now or as for the legislation, i do want to do it, and i will support the legislation regardless. supervisor mar: thank you. i think we have at least one speaker card. supervisor mirkarimi: yes, we
do. i just have one speaker card, but anyone else would like to speak, please do so. supervisor mar: two minutes per person. >> good afternoon, supervisors. i sent you a letter this morning, and i hope you have that. we have attended to engage in discussion as residents are around the commercial district -- of the commercial district, i should say, because there are many in our area. with specific concerns, which are outlined in the letter. specifically, they relate to the public notice process. fundamentally posting notices in the window is something that frequently does not work because frequently it does not happen. and i want to make a very key point here. we are not talking about most of the small businesses. it is like muni. you get 5% or 1% who are really bad, and they'd make it a misery for everyone around them, and we
do not have controls to address that. the noise language that has been introduced is excellent. the problem is that the enforcement does not exist. when this was raised, we are talking about what the controls should be. we are not going to worry about enforcement. and i find that troubling because if there was adequate enforcement, i believe there would be no objection to this. i think everyone i have talked to absolutely supports the basic concept. the problem is you move into the neighborhood commercial districts, you move and to performance venues, below residences -- these buildings are not built with appropriate soundproofing. we do not have controls. i think there are easy ways to address that issue. it would be wonderful if we actually took the time to discuss the issue with the entertainment commission, with the police enforcement folks on noise, who have made it clear they cannot respond within a
half-hour or an hour. maybe two hours if we are lucky. and when do people call? 9:30, 10:00. when do they show up? 12:00. guess what? they start for -- to stop performing it 10:00. we would really like to work with appropriate parties to craft improvements so controls are in place so the neighbors are not worried about it. thank you. supervisor mirkarimi: thank you, sir. next speaker, please. >> good afternoon. i am the president of the california music and culture association. we enthusiastically welcome and applaud this legislation. i think this will create a number of opportunities for musicians and artists to find other avenues to continue their craft, to showcase their craft. i think this will also add an added benefit to the restaurants
and cafes that want to add something additional to attract their guests. we also would like to see the inclusion of analog and digital forms of entertainment. i believe that in this day and age, it is difficult to differentiate as technology improves. however, in the interests of seeing this legislation move forward, we also support what was said earlier, to add that in trailing legislation. additionally, we would like to see you go citywide. supervisor mirkarimi: thank you. next speaker please. >> hello, commissioners. i have been a north beach resident for 20 years. i love my neighborhood.
i love the vibrant nightlife that we have during the entire day on any day you can go out and have access to entertainment and beautiful cafes. it is part of the charm of the neighborhood. however, another part of the charm -- a significant part of the charm -- is the fact that north beach, even though it is a densely populated neighborhood, it is a mix of residential and commercial -- commercial residents. most of the street fronts are occupied by commercial, and above that floor are all occupied by residential. applying a city-wide process to a neighborhood that has a specific character and composition, to me, is unfair and not well thought through. we are blessed in san francisco
to have many such neighborhoods, and i do not see the logic behind applying something that applies city-wide to all of these specific neighborhoods. i would like to request that you take the residents of north beach into consideration and the fact that how this decision will greatly impact the quality of life for us. thank you. supervisor mirkarimi: thank you. next speaker please. >> hello, supervisors, and thank you, ross. i greatly appreciate you helping craft this legislation. as an art space facilitator and resident, i am wholeheartedly in support of this very limited but very opening legislation. i think it will provide a lot of opportunity for small-scale entertainment and arts activities at site-appropriate locations. currently, i believe our land use policies in san francisco are flawed about the vast amounts of areas which have
entertainment not allowed within it. allowing this as a citywide policy will open up site- appropriate locations. the permit would still have to be issued. it would still have to get the public bedding, -- public vetting, and if it is an inappropriate location, it would not be allowed. certainly within the soma district, the entirety of it not being included i think is really lacking. i certainly do not want to see this legislation delay any further. there are further considerations -- let's say in the digital realm -- i have friends that perform with game controllers. how is enforcement capacity going to make that determination on that? again, we do not want to see anything that would delay the passage. thank you so much for hearing this.
i will be passed on to the full supervisors board tomorrow. thank you. supervisor mirkarimi: 90. next speaker please. >> good afternoon, again. this time speaking as a san francisco resident. i live in district 6 where a lot of small businesses and coffee houses and things like that are trying to get off the ground. a lot of them know that i do stuff at city hall, so you're sort of and in conversation with them about things they would like to see happen, some of which i disagree with, some of what i disagree with. in these conversations, i always get a strong sense of how incredibly difficult it is for them to get stuff moving so they can make a living and had a vibrant business. legislation like this is crucial to giving them more options. it is very important that we expand the ability -- i mean, this is a city.
cities are supposed to be a place where i in your own neighborhood you can go and have a good time, etc. the only thing i would add is that as others have said, it would be better to just expand this even more, but at least let's move forward as it is and give some areas a break to really get more vibrancy happening. economists that are talking reality these days are not talking about recession. they are talking about depression. during economic times like that, we need legislation like this to give small businesses every possible tool we can give them to help make this a vibrant city and help put roofs over their heads and food on the table. thanks. supervisor mirkarimi: thank you. next speaker please. >> good afternoon, supervisors. i am an advocate for the legislation. this is some of the most practical legislation that i have seen come down. it is long overdue, probably two
years in the working. legislation makes it very clear that it is excess of reuse. a primary use would be coffee houses, restaurants, and accessories. therefore, the 10:00 cut off time is very practical. 10:00 is the city would cut off -- city-wide cut off. so i'm all for it. a lot of times you get arguments by neighborhood groups. however, we have probably five locations in the neighborhood that are coffee houses. one is iconic. the offer music. they are just not permanent at this point in time. there's no incidents. there's no reports. no one seems to care here this legislation is going to make people and affordable way -- offer them an opportunity to pay and level the playing field. so i urge you to pass it as it
is. it is very practical, and it is long overdue. supervisor mirkarimi: thank you. any other speakers, please come up, one after the other. >> good afternoon, supervisors. i speak to you today on behalf of the neighborhood association leaders and also on behalf of lower cope neighbors. we are concerned about this legislation. not saying it is bad legislation. we certainly would be fine with having a guitar playing in a restaurant. what we are concerned about, though, is that there seems to be a lack of outreach to residents. those who are familiar with the legislation, those who have been perhaps in the business of arena are more familiar with this. there is an alarming amount of residents who do not even know about this. there needs to be more out reach.
when i first heard about this legislation was that neighborhood network. we post many questions. those questions remain unanswered. very well we could end up supporting this legislation, but there are many questions that we need to have answers to and need to become familiar and comfortable with this. i ask for you to allow time for that to happen. thank you. supervisor cohen: supervisor mirkarimi, to answer her concerned, how long have you been working on this legislation? supervisor mirkarimi: literally over a year. there have been quite a few meetings with consortiums of different organizations and with individual supervisors' districts. the legislation has evolved considerably. supervisor cohen: i was under that impression. it sounds like you have been working on the legislation for
over a year, to add to this woman's question. thank you. supervisor mirkarimi: yes, and i do not want to be dismissed it because this is a common refrain that our process of public notification and everything else is not 100%, but the due diligence has definitely been put in there, and we expect that the gatekeepers of neighborhood- based politics and policy making through the supervisors' offices become that conduit that helps us understand. supervisor mar: thank you. mr. lee. >> hello, supervisors. i am here as not only a board member but a club owner, and a small business owner. two small restaurants in soma. i have been there since 1998, and i have seen a lot of progress and a lot of changes, and my neighbors have really
beautiful restaurants now, but unfortunately, they cannot have entertainment there. i do have a full blown poe license. i spend my money and time getting it. this legislation is great for them, and having it shut down at 10:00 is also good because it is a fair deal for the people that do have the poe. but i also want my neighbors to do well. we have many really nice small restaurants that might want to have a couple of musicians or even possibly a deejay that does analog or digital music, but we cannot have that. soon, the fourth street corridor will have a light rail go right down the middle of it. it is kind of a chain that -- a shame that soma is left out. but i think the legislation is good for building business city-
wide. because of facebook, there's a lot of after work happy hour networking parties. you do not have to pay cover charge. you can just go in and get economical drinks. a lot of restaurants have increased their sales because they are already there, and they get hungry. this is the latest trend right now, and it also builds up the neighborhood. i understand about noise, but it is afternoon, evening. a lot of people are still awake. i see my neighbors walking their dogs at 9:00 or 10:00 at night, so i know they are not really sleeping. but being a full poe boehner, i know about noise. thank you very much for this -- being a full poe owner, i know about noise. thank you very much for this. supervisor mar: colleagues, questions or comments? supervisor wiener: one thing i just want to note, there were a
couple of comments about enforcement issues with the entertainment commission. when i came into office, i prioritized making sure that we have an entertainment commission that had the resources and the ability to fully enforce the law. because when we are unable to enforce these laws and we get cynicism in the electorate and people are skeptical of the laws that we pass and say that it will not be enforced so everyone is going to violate it, in the budget this year, i did try to get more staffing for the entertainment commission, and, referencing my previous comment, my control is limited, so i was unable to get the funding. i'm going to try again next year, and i hope that i will
receive support from my colleagues and others in trying to make sure that the entertainment commission has the staffing and resources it needs to do a very credible job in enforcing the laws so that everyone can have a higher confidence level. supervisor mar: thank you. colleagues, can we move this forward? is there a motion? supervisor mirkarimi: quickly, i did not recognize and wanted to earlier the good work of the city attorney's office. the city attorneys had been assigned to this over the last year, and working with all your age, to -- your aides, too. it is important to keep all your colleagues apprised into this incremental developments. i also want to say that the neighbors and businesses -- this kind of relationship helps foster greater collaboration in a much more micro not an wait,
which i think is really important. i think in some ways, we might be able to help create that level of conversation between merchants, cafes, restaurants, artists, and supervisors, and looking for some common ground, helping give them whatever leg up, while maintaining the sensitivity to residential needs. i think it throttles forward that necessity that that conversation take a day to day kind of action plan that all of us have to be much more on our toes. i have to say that in the very beginning of us sculpting this legislation, we wanted to do so and be sensitive to all the existing areas that exist now. we were not creating new areas. we used the overlay of the mouth of what was permitted already in the city. we were not making this city-
wide, as regard to the assertion by one of the public comments. that is not true at all. so areas we actually had decided to opt out were even less of an area until we asked the supervisors to check in with residents and merchants to decide if they want to opt in. i am sensitive still to the fact that there are people in the, say, the north beach area, however, that have some concern or reservations or in the district 3 area, that i expect that they will work that through the district supervisor to have that kind of conversation, and i will remain open to what they have to say as this advances from this committee. as it relates to dj analog /digital, it is an excellent point, but it is a point that came late in the process, and i encourage us to return back to this concept in a trailing strategy so that it gets the full vetting that it deserves.
in the menu of what we are asking neighborhoods, restaurants, cafes in the business environment, artist invited to be able to entertain, but as a package now, this has been pretty tightly wrapped. we have really been checking off on the inventory with everybody involved as we possibly can and make sure you are informed. there's conversation and dialogue about refining the legislation, and i think we have to arrive at the place where it needs to go. thank you, colleagues. supervisor mar: thank you. i look forward to this as a beginning point for further discussion, but i appreciate the leadership from the colleagues on this side, and i appreciate supervisor wiener's efforts to broaden and include other neighborhoods, but also the issue that has been brought to us, so i look forward to working with both of you on those issues. colleagues, can we move this forward? so we do not have amendments before us.
can we move this forward as a committee report to the full board on july 26, 2011 without objection? with recommendation, yes. thank you. without objection. thank you, everyone. could you please call the next item? >> item 9, resolution endorsing an outdated electricity resource plan to serve as a policy guide and identify potential steps toward the goal of zero greenhouse gas emissions from electric usage by 2030. supervisor cohen: thank you. kind of been a long day. we have got a lot done today. ok. colleagues, what we have here before us are a few amendments to item nine on the agenda. this is an effort to update the city froze electricity resourced plan, and the mayor's office has been working with my office and the puc on these proposed changes, and all are in agreement with the proposed amendments, which are clarifying in nature and specified that
future study of the individual recommendations of the erp may be needed when they are implemented. this would include an analysis of the fiscal and environmental impact, a greenhouse gas emissions, safety in operations, and system reliability. i would ask for your support as we continue to move this resolution, as amended, with a recommendation to the full board. supervisor mar: thank you. do we have any presentations from any of the staff that are here? sounds like someone is here from the public utilities commission but does not want to make any comments. opening up for public comment, two minutes per person. >> hello again. this time, i am representing san
francisco green party and the local grassroots organization our city. i followed in many of the stake holder meetings the development of this electric resourced plan, and the main object of the in many of my fellow organizers had during that process was making sure that community choice abrogation was properly recognized in the plan. we would like it's still to be more robust, but what you have in front of you is pretty strong and gets us sort of what we need. because i and others were so laser focus on community choice and had a lot of other stuff going on on other campaigns, and i apologize for getting the last difference with this legislation -- to you at the last minute, but there is an issue. i looked at this over the weekend. thankfully there was an extension, and the issue is the
possibility of the cogeneration description in this plan being misused because it is vague, and it looks like it might even be intended to allow for corporations in the fossil fuel energy business to take their existing gas boilers and still lives in the city and not just retrofit them to use their excess heat to create electricity so there are more efficient, but potentially burn more fuel in them so that they can generate more electricity to put into the system. that is not going to get us to zero carbon by 2030 if we allow that to happen. since the document is so unclear, i think it is crucial that we clean that up and make sure that it specifically states in the document that cogeneration is only meant to take existing boilers and steam lives and make them more efficient and use the excess
heat and not grant them up to produce more electricity. it is really crucial that we make that distinction in this document. supervisor cohen: thank you for your comments and your e-mail. is there anyone else that would like to make it public comment? ok, seeing none at this time, public comment is closed. supervisor mar: thank you. colleagues, can we move this forward with a positive recommendation as a committee report to the full board on july 26, 2011 with recommendation? supervisor cohen: it is not going as a committee report. supervisor mar: ok then just with a recommendation. are there any other items before us? >> no, there are no further items. supervisor mar: 10 the meeting is adjourned. thank you, everyone.